3. International Covenant on Economic, Social, and Cultural Rights

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS (ICESCR)

The ICESCR, like the ICCPR, is an international covenant and is binding on the respective State Parties. It embodies the second generation of human rights and elaborates on the economic, social, and cultural rights recognized in the UDHR.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS (ICESCR)

The ICESCR, like the ICCPR, is an international covenant and is binding on the respective State Parties. It embodies the second generation of human rights and elaborates on the economic, social, and cultural rights recognized in the UDHR.

Rights Guaranteed

• Right of self-determination
• Right to work and accompanying rights thereto
• Right to social security and other social rights
• Adequate standard of living including:
• Right to adequate housing
• Right to adequate food
• Right to adequate clothing
• Right to the continuous improvement of living conditions
• Right to health
• Right to education
• Cultural rights

State Parties’ Obligations In ICESCR

General Duties/ Obligations of States

• Respect - Refrain from interfering with enjoyment of rights.
• Protect (positive obligation) - Take appropriate measures to prevent third parties from interfering with the enjoyment of rights.
• Fulfill (positive obligation) - Take appropriate measures towards the full realization of the rights. (OHCHR, FAQ on Economic, Social, and Cultural Rights, p. 11)

State Parties’ Obligations In ICESCR

General Duties/ Obligations of States

• Respect - Refrain from interfering with enjoyment of rights.
• Protect (positive obligation) - Take appropriate measures to prevent third parties from interfering with the enjoyment of rights.
• Fulfill (positive obligation) - Take appropriate measures towards the full realization of the rights. (OHCHR, FAQ on Economic, Social, and Cultural Rights, p. 11)

Specific Obligations Under Article 2 of the ICESCR (Progressive Realization Clause)

• Take steps to the maximum extent of available resources, towards the progressive realization of the rights in the covenant.
• Non-discrimination - States guarantee the exercise of the rights without discrimination.

Specific Obligations Under Article 2 of the ICESCR (Progressive Realization Clause)

• Take steps to the maximum extent of available resources, towards the progressive realization of the rights in the covenant.
• Non-discrimination - States guarantee the exercise of the rights without discrimination.

Minimum Core Obligations

Governments, no matter what level of resources are at their disposal, are obligated to make sure that people living under their jurisdiction enjoy at least essential levels of protection of each of their economic, social, and cultural rights. While the ICESCR recognizes the principle of progressive realization of ESCR, this does not mean that states are free to postpone undertaking their duties vis-à-vis ESCR until a later date. Protection from starvation, primary education, emergency healthcare, and basic housing are among the minimum requirements to live a dignified life and it is the duty of governments to ensure these at all times. Even during severe resource constraints, States must prioritize minimum essential levels of each right and protect vulnerable groups. A State that fails to meet those levels must demonstrate that it made every effort to use all available resources to satisfy them as a priority. States should use all the available resources, including international assistance, to make sure that every individual in their territory enjoys a bare minimum of ESCR. (ESCR-net, Minimum Core Obligations)

Right to Health

The right to health is not to be understood as a right to be healthy. The right to health contains both freedoms and entitlements. The freedoms include the right to control one’s health and body, including sexual and reproductive freedom, and the right to be free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. By contrast, the entitlements include the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. (General Comment No. 14, ¶8)

States are obligated to provide health facilities, goods and services that are available, accessible, acceptable, and of quality (AAAQ). (General Comment No. 14, ¶12)

Minimum Core Obligations

Governments, no matter what level of resources are at their disposal, are obligated to make sure that people living under their jurisdiction enjoy at least essential levels of protection of each of their economic, social, and cultural rights. While the ICESCR recognizes the principle of progressive realization of ESCR, this does not mean that states are free to postpone undertaking their duties vis-à-vis ESCR until a later date. Protection from starvation, primary education, emergency healthcare, and basic housing are among the minimum requirements to live a dignified life and it is the duty of governments to ensure these at all times. Even during severe resource constraints, States must prioritize minimum essential levels of each right and protect vulnerable groups. A State that fails to meet those levels must demonstrate that it made every effort to use all available resources to satisfy them as a priority. States should use all the available resources, including international assistance, to make sure that every individual in their territory enjoys a bare minimum of ESCR. (ESCR-net, Minimum Core Obligations)

Right to Health

The right to health does not guarantee that a person will be healthy. It includes freedoms and entitlements. The freedoms cover control over one’s health and body, including sexual and reproductive freedom, and freedom from interference, including torture and medical treatment or experimentation without consent. The entitlements include access to a health protection system that gives people an equal opportunity to attain the highest possible level of health. (General Comment No. 14, ¶8)

States must provide health facilities, goods, and services that are:

• available;
• accessible;
• acceptable; and
• of good quality. (General Comment No. 14, ¶12)